Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Rogerson v. United States

May 13, 2009

KAY L. ROGERSON, PLAINTIFF,
v.
UNITED STATES OF AMERICA, DEFENDANT.



The opinion of the court was delivered by: Andrew W. Bogue Senior District Judge

ORDER GRANTING MOTION TO DISMISS

Defendant has filed a motion to dismiss and supporting documents. Docket 14, 15, 17, 20. Plaintiff has responded. Docket 16, 21. For the reasons stated below, the motion is granted.

FACTUAL BACKGROUND

On March 13, 1992, Plaintiff filed a complaint against the United States Air Force alleging sexual discrimination, sexual harassment, and retaliation. CIV.92-5038, Docket 1. On February 8, 1996, a Stipulation for Compromise Settlement (Settlement) was filed, stating that it was a settlement of the action which included "allegations of employment discrimination, . . . and all claims relevant to the plaintiff's past and present employment with the United States Air Force." CIV.92-5038, Docket 152. In the settlement agreement, the USAF agreed to pay a monetary settlement and promised that it would not "officially act, or fail to act, for the purpose of adversely affecting plaintiff ROGERSON'S Department of Labor, Office of Workers Compensation Program (OWCP) benefits or status." Id. at ¶ 3. In exchange, Plaintiff agreed to release the USAF and its employees of all causes of action "of every nature" which arose out of the factual basis of that proceeding. Id. at ¶ 4. Rogerson also agreed that she would not apply for employment with the USAF "and will never work for the Air Force again from this day forward." Id. at ¶ 5a.

In April 2000, Plaintiff filed a complaint against the United States Air Force, alleging that the USAF discriminated against her both before and after the Settlement was signed; was in breach of the Settlement; and improperly terminated her employment, refused to reemploy her, and ended her medical benefits. CV.00-5033, Docket 1. She also challenged the validity of the Settlement and alleged that she was coerced into signing it. Id. at ¶¶ 8-11. Six months later, Plaintiff and her attorney signed a stipulation for dismissal with prejudice, which the Court granted. CV.00-5033, Docket 25, 26.

Plaintiff filed this action in July 2008. CV.08-5060, Docket 1. Her complaint contains the following allegations:

* Allegations based on federal criminal statutes:

* Fraud and false statements, 18 U.S.C. § 1018

* Fraud in connection with electronic mail, 18 U.S.C. § 1037

* Attempt and conspiracy to commit fraud, 18 U.S.C. § 1349 (defined in § 1346)

* Obstruction of proceedings before departments, agencies, and committees, 18 U.S.C. § 1505

* Conspiracy, 18 U.S.C. § 371

* Conspiracy against rights, 18 U.S.C. § 241

* Deprivation of relief benefits, 18 U.S.C. § 246

* Solicitation of employment and receipt of unapproved fees concerning federal employees' compensation, 18 U.S.C. § 292

* Contracts in excess of specific appropriation, 18 U.S.C. § 435

* False statement or fraud to obtain federal employees' compensation, 18 U.S.C. § 1920

* Criminal racketeering; Engaging in monetary transactions in property derived from specified unlawful activity, 18 U.S.C. § 1957

* Criminal racketeering' Offer, acceptance, or solicitation to influence operations of employee benefit ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.